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Discussion Topic  RE: Criminal Nonsupport PC 25.02 (in Criminal) by Martin Peterson
The most likely defense under the facts you pose would be under 12.01(6), C.C.P. The contempt proce......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Longevity Pay (in Other) by Martin Peterson
Did any meetings concerning implementation of HB178 (Ch. 41 Subchapter D, Government Code) ever take......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: Attorney appointment list (in Criminal) by Martin Peterson
The statute certainly implies that continued restraint beyond the allotted time period will be illeg......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attorney appointment list (in Criminal) by Martin Peterson
The clearinghouse for information concerning Senate Bill 7 may be found at ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attorney appointment list (in Criminal) by Martin Peterson
No doubt many defense attorneys will question whether the Smith County Plan makes them involuntary p......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Challenging Indigency (in Criminal) by Martin Peterson
It is clear that a trial court does not have a duty to appoint counsel until the defendant shows he ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inmate release in error (in Criminal) by Martin Peterson
It would appear to me that you should request the convicting court to issue a capias. See Holloway, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Video of DIC 24 (in Criminal) by Martin Peterson
The fact of refusal is plainly admissible to support an inference of guilt. And the defense will wan......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Blood Draws (in Criminal) by Martin Peterson
It must also be remembered that ordering recoupment or restitution may also require the court to con......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Update: the current rate of growth in the money supply is in excess of 1% per month. Seems unlikely ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation records (in Criminal) by Martin Peterson
The issue under 39.14 is whether information is "privileged," not confidential. It seems there might......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: All Things Discovery (in Criminal) by Martin Peterson
Read the final outcome: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lost evidence (in Criminal) by Martin Peterson
Ethics Op. No. 690 (10/2020) seems to suggest obtaining a court order may be required, although it i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lost evidence (in Criminal) by Martin Peterson
One possibility: get a pretrial hearing set under art. 28.01 §1(8) and issue a subpoena under arts. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pro se Sovereign Citizen speed (in Criminal) by Martin Peterson
Such a motion could meet opposition, as "prima facie" is normally interpreted to create a rebuttable......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sanctions against defense attorney (in Criminal) by Martin Peterson
As one would expect, there do not appear to be any appellate court cases demonstrating the scope or ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Continuous FV or Two MA Assaults FV? (in Criminal) by Martin Peterson
Possibly the change made in the original bill by the committee substitute answers your question: the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Venue for Continuous Family Violence (in Criminal) by Martin Peterson
It appears the applicable statute will be art. 13.18. While art. 13.19 might prove of some help, the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Writ of Mandamus (in Criminal) by Martin Peterson
If this pleading is one described by TRAP 72.1, then the clerk might simply return it (as it is prop......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Playing 911 call for jury (DWI case) (in Criminal) by Martin Peterson
Hearsay objections to 911 recordings have been repeatedly rejected. One recent example: "Because Woo......
TDCAA > TDCAA Community > Criminal


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